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  • Hounkpatin v. The State

    Publication Date: 2022-06-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: G. Richard Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Emily Rebecca Polk, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Lee Franklin Tittsworth, Clifford Louis Kurlander, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S22A0564

    Trial Court Properly Admitted Evidence That Defendant Assaulted Child Victim and Siblings Prior to Victim's Death

  • Washington v. The State

    Publication Date: 2022-06-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: Richard Carter Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Lee Franklin Tittsworth, Clifford Louis Kurlander, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S22A0322

    Trial Counsel Not Ineffective For Failing to Object to Detective's Testimony, Surveillance Recordings, and Jury Instructions

  • Beaubrun v. The State

    Publication Date: 2022-05-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A22A0215

    Court affirms convictions for aggravated child molestation and other crimes over defendant's charges of trial court error in admitting certain testimony

  • Harris v. The State

    Publication Date: 2022-05-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S22A0251

    Witness's In-Court Identification of Defendant Was Not Tainted by Pretrial Identification Procedure

  • Dickey v. The State

    Publication Date: 2022-05-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Eric C. Crawford, (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Joshua Bradley Smith, Jared Tolton Williams, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S22A0165

    Evidence of Defendant's presence and conduct with other perpetrators before and during crimes supported murder conviction

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Smith v. The State

    Publication Date: 2022-05-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Sara S Becker, (Conaway & Strickler), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S22A0086

    Any Error in Admitting Medical Examiner's Testimony Regarding Blood Spatter Evidence Was Harmless

  • Watkins v. The State

    Publication Date: 2022-05-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Floyd M. Buford, Jr., (Buford & Buford), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Anita Reynolds Howard, Jason Michael Martin, Shelley T. Milton, (Macon Judicial Circuit District Attorney's Office), Macon, Leslie Anna Coots, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S22A0016

    Evidence That Defendant's Sister Angered Him Not Sufficient to Change Felony Murder Conviction to Involuntary Manslaughter

  • Dunn v. Dunn

    Publication Date: 2022-04-05
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kevin Mammola, (Cordell & Cordell), Atlanta, for appellant.
    for defendant: Lawrence Stagg, (Attorney at Law), Ringgold, for appellee.
    Case Number: A21A1776

    Evidence of Spouse's "Concern" Too Vague to Support Finding That Other Spouse Committed Assault or Battery on Children

  • Holley v. The State

    Publication Date: 2022-04-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Margaret Smith, (Conger & Smith), Bainbridge, for appellant.
    for defendant: Gregory Edwards, Harold Moroz, (Dougherty Distric Attorney), Albany, for appellee.
    Case Number: A21A1380

    Court affirms convictions for homicide by vehicle where defendant's cell phone video were evidence of her failure to yield and distracted driving

  • Williams v. The State

    Publication Date: 2022-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Tracy S. Drake, Scott Andrew Drake, (Drake Estes Law Firm LLC), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Christopher Mark DeNeve, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S22A0170

    Court affirms conviction for felony murder over defendant's contentions of trial court error in admitting certain evidence and not conducting an evidentiary hearing